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old bylaws vs new bylaws when voting

12 years 9 months ago #158544 by MIDad
Well, I think there might be a couple of issues here.

First off, were the new bylaws properly approved? At your special meeting on Aug. 23, only people who had been paid members on Aug. 9 were eligible to vote, because at the time of the special meeting the 14-day rule from the old bylaws was still in effect. So if anyone who had not been a paid member for at least 14 days voted on the new bylaws, those votes must be discounted. If the new bylaws would have passed anyway, even without those votes, or if no ineligible votes were cast, then (barring other issues you haven't told us about) the new bylaws were properly approved. If not, then the old bylaws are still in effect.

Assuming proper adoption of the new bylaws, the next question is when do (or did) the new bylaws take effect? The new bylaws should state this (either "upon adoption" or on some specific date). The old bylaws stop having any effect as soon as the new bylaws take effect. Whether you were VP before the new bylaws take effect or not until after does not matter; you are bound by the bylaws currently in effect.

But beyond the timing issue, I find it curious that nominations were taken to replace a president who resigned. Since the previous president resigned in June, under the old bylaws, what do the old bylaws say about filling vacancies, and specifically about filling a vacancy at president? If the answer is "nothing", then you, as vice president at the time of the resignation, almost certainly became president at that time. And unless the old bylaws say something different, you would serve out the remainder of the president's term, with no nominations needed or appropriate. The vacancy at vice president then should have been filled in accordance with the (old) bylaws.
12 years 9 months ago #158539 by candice
old bylaws vs new bylaws when voting was created by candice
Ok... here is my issue :) We live in a small town, our current President resigned last June at our last meeting. The position is for the remainder of this coming school year until June 2012. No one put their name in to fill the position so at our first meeting, someone was nomitated. Some of the members did not approve of the nominee for whatever reason so another person was nominated. The issue is this.....
In June when the President resigned, we had our Bylaws in place but were very outdated. Over the summer myself (the VP) and 4 others got together and revamped the whole thing. The new Bylaws were approved and passed at our special meeting Aug 23rd. The old Bylaws had a voting stipulation that you had to be a paid member 14 days prior to the next meeting to be eligble to vote.... the new Bylaws states you have to be a paid member at the meeting prior to the next meeting to be eligible to vote. Which Bylaws am I, as the VP, required to follow??? Since we started this in June, is it the old Bylaws? Or since we passed the Bylaws in Aug, would it now be the new Bylaws we use?? Thanks for any help on this issue.
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